patent marking and "patent pending"
A patentee who makes or sells patented articles, or a person who does so for or under the patentee is required to mark the articles with the word "Patent" and the number of the patent. The penalty for failure to mark is that the patentee may not recover damages from an infringer unless the infringer was duly notified of the infringement and continued to infringe after the notice.
marking of an article as patented when it is not in fact patented is
against the law and subjects the offender to a penalty. Some persons
mark articles sold with the terms "Patent Applied For" or
"Patent Pending." These phrases have no legal effect, but
only give information that an application for patent has been filed
in the Patent and Trademark Office. The protection afforded by a patent
does not start until the actual grant of the patent. False use of these
phrases or their equivalent is prohibited.
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